Memorializing Resolutions

Last evening, with a 13/9 vote, the Ulster County Legislature banned memorializing resolutions. Although our group is deeply disappointed in the outcome, we will apply our new knowledge about the legislature to our work throughout the remainder of the year and beyond.

Outside of a ban on memorializing resolutions, we learned that Local Law 18 from 2016 (Law Prohibiting Discrimination on the Basis of Gender Identity) had been held back in the Laws and Rules Committee for over a year. In other words, a simple public hearing on transgender rights was stalled and in essence, denied.

In other news, what appeared to be a dozen or so members of a local sportsman club in attendance, the group appeared to mostly be there to oppose Resolution No. 138 “Creating A Policy To Maintain A Safe, Inclusive Government And Ensure The Protection, Order, Conduct, Safety, Health, And Well-Being Of All Persons In Ulster County“. Illustrating the law as Ulster County becoming a ‘sanctuary county’, at one point during public testimony, a member of the group stated, “…We know you will do the right thing. #138 has to go down. We have your back. Thank you very much” (VIEWTape #2 @ 21:00)

It was an evening that left me questioning motives. Why would our elected officials wish to limit free speech? Or deny the public a chance for public comment on gender equality? Or, be opposed to wanting to ensure “protection, order, conduct safety, health and well-being of all persons living in Ulster County”? I haven’t any answers, only a sense. Control and fear. Both will wreck havoc, too. The public must remain diligent.

KingstonCitizens.org is seeking volunteers who are interested in attending monthly Ulster County Legislature meetings and report back to the public via KingstonCitizens.org. It’s our goal to build a larger base of public participation and, as always, encourage new potential candidates. All legislature seats are up for election in November, 2017.

If you are interested in working with us, please contact rebecca@kingstoncitizens.org

Special thanks to Clark Richters of the Kingston News for helping us to document the evening.

###

Those in favor of a ban on memorializing resolutions were (RED: Republican, Conservative, etc; BLUE: Democrat):

Please call your Ulster County Legislator today and ask that they reject Resolution No. 91 “Amending The Rules Of Order To Prohibit Memorializing Resolutions” on April 18th. “It is important to me that you do not support a ban on the memorializing resolution process. A ban is undemocratic and infringes on my first amendment right to petition.”Plan to attend the next Ulster County regular legislative meeting on Tuesday, April 18th at 7:00 pm at the Ulster County Office Building located at 244 Fair Street, 6th Floor in Kingston, NY. Arrive at 6:30 pm to sign-up to speak and to get a seat. Citizens are encouraged to create a two (2) minute testimony that is respectful and succinct.

###

In March of 2017, Resolution No. 91, a proposed ban on memorializing resolutions, had its first reading (see video below). In order to change a local law, that’s step one in the process. On April 18th, the resolution will be read a final time before it goes to vote.

Here are the facts. (**)

Is a letter from the legislature as effective as a memorializing resolution?

No. Memorializing resolutions must be submitted to the Clerk of the Legislature by the sponsor(s), along with all other business of the session, by a specific deadline. The appropriate standing committee is chosen based on the issue. It is placed on the committee agenda and discussed at the regularly scheduled meeting, which is open to the public. The members of the committee have the opportunity to discuss the MR in committee before voting to send it to the “floor” of the legislature for a vote in the upcoming session. A letter is not an act of the legislature that invites group discussion in committee, requires a vote by that committee to be sent to the floor, and is then a part of the public process where the public sees the memorializing resolution and can attend the session to weigh in.

Why do proponents of the ban on Memorializing Resolutions claim that they take up too much time during regular legislative sessions?

In 2016, the rules were changed prohibiting discussion on Memorializing Resolutions during the legislative session. However, procedure allows for members to call for a “long roll” (i.e., a one-by-one vote) so that they may speak on the issue. KingstonCitizens.org believes that engaging in debate in a way that represents and involves the public is the legislature’s business. They are protecting our “right to petition” by creating an opportunity for our voices to be heard and for our petitions to have a real forum. A ban on memorializing resolutions discredits public participation, civic dialogue, due process and the First Amendment.

Why are memorializing resolutions important?

Memorializing resolutions are statements of principles that do not become a local law or policy. They are “non-binding”. It is, effectively, a petition by one legislative body to other legislative bodies and lawmakers to provide a mechanism that allow citizens and the legislature to take a stand on important issues.

Why do the ban’s sponsors claim that Memorializing Resolutions have been used as a political tool?

The sponsors have said that memorializing resolutions were used recently by the Democratic Caucus to polarize the legislative body over issues we have no control over. Memorializing resolutions are a governing tool. Governing tools are non-partisan.

“Why would we want to diminish our voice and power as a legislature? Are our actions any less important than any other legislative body or branch of government to our constituents? If we think so, we should not hold the office.”– Jennifer Schwartz Berky, Ulster County Legislator (Kingston, District 7) from “Commentary: Ban on Memorializing Resolutions in Ulster County Legislature is Undemocratic.” in the Kingston Times. VIEW

On Wednesday night, the Ulster County Legislature held its regular legislative session where the proposed ban on memorializing resolutions had its first reading. Other important items were debated (and adopted) including a memorializing resolution to request the NYS Legislature expand hate crimes (to include first responders and police officers) and, a resolution to prohibit cyber-bullying.

Thanks to all of the citizens who came out to speak that evening on a number of issues. We trust that watching these processes as thoroughly as you are will help to better assist you in speaking to your legislators on these important matters.

Speeches that were made by the Chairman, minority and majority leaders are located at the bottom of this post.

Filmed by Clark Richters of the Kingston News. Brought to you by KingstonCitizens.org.

FOR YOUR REFERENCE:

Resolution #91: “Amending The Rules Of Order To Prohibit Memorializing Resolutions”

VIEW: “Commentary: Ban on Memorializing Resolutions in Ulster County Legislature is Undemocratic.” in the Kingston Times by Jennifer Schwartz Berky, District 7 Legislator

Resolution #92: “Requesting The New York State Legislature Introduce Legislation Expanding The Hate Crimes Law, New York Penal Law §485.05”

Resolution No. 89“Adopting Proposed Local Law No. 17 of 2016 (A Local Law Prohibiting Cyber-Bullying In Ulster County)”